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Re V: High Court recognises Nigerian adoption; Home Secretary’s challenge rejected; guidance on comity, validity assessment, flexible ‘care’ requirement and Article 8 recognition where common law criteria unmet

Published on: 04 September 2017

Published by a LexisNexis Immigration expert
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Original news Re V (a child) (recognition of foreign adoption) [2017] EWHC 1733 (Fam), [2017] All ER (D) 59 (Jul)

The applicants, Nigerian citizens temporarily present in the UK, sought recognition of a Nigerian adoption order. Having reviewed the full range of criteria relevant to acknowledging adoptions made abroad, the Family Court granted the application.

Why does this matter, and what should practitioners take from it? The decision engages the doctrine of comity in the context of recognising adoption orders from other jurisdictions. Where the order originates in a state that has ratified the Hague Convention of 29 May 1993 on Protection of Children and Co-operation in Respect of Intercountry Adoption, it is automatically recognised as a Chapter 4 ‘overseas adoption’ (Adoption and Children Act 2002, ss 66, 87; Adoption (Recognition of Overseas Adoptions) Order 2013, SI 1801/2013). By contrast, adoptions from countries not on the recognised ‘overseas adoption’ list, including Nigeria, only take effect in English law if the High Court recognises them under its inherent powers. Such applications are occurring with growing frequency, owing to immigration rules concerning the entry or residence of children adopted abroad by British...

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